Annual reports

Department of the Environment, Water, Heritage and the Arts Annual Report 2009-10

Department of the Environment, Water, Heritage and the Arts, 2010
ISSN 1441-9335

Outcome 2 - Living and working sustainably

Improved capacity of Australian communities and industry to protect the environment by promoting waste reduction and regulating hazardous substances, wastes, pollutants, ozone-depleting substances and synthetic greenhouse gases.1

Main responsibilities for this outcome
  • National Waste Policy, National Waste Report and product stewardship
  • Air quality, fuel standards and vehicle emissions
  • Hazardous substance regulation and management
  • Chemical policy and risk assessment
  • Protection of the ozone layer
  • Biotechnology risk assessment
  • National Pollutant Inventory
  • Education for sustainability
  • Provide departmental support for the Environment Protection and Heritage Council and the National Environment Protection Council
Environment Quality Division

Highlights

National Waste Policy: Less Waste, More Resources

Improving the environmental management of chemicals

Objectives

Results

Key results in building and developing initiatives under the National Waste Policy

Key results in leading Australia's engagement on international agreements

Key results in delivering national legislation and policy initiatives

Strategies

The work towards ensuring a cleaner and healthier environment covered three interconnected areas: leading and promoting national approaches to environmental issues, engagement on international agreements and responsibility for the development and operation of national legislation and policy initiatives.

Leading and promoting national approaches

The department plays an important part in addressing national environmental protection matters through support for the Minister for Environment Protection, Heritage and the Arts in his role as chair of the EPHC. The council addresses broad national policy issues on environmental protection, particularly air, water, and waste matters. The EPHC also incorporates the National Environment Protection Council that has statutory powers to make National Environment Protection Measures covering: air quality, water quality, contaminated sites, hazardous wastes, motor vehicle emissions, and reuse and recycling of used materials.

The major initiatives in 2009-10 were: actions to deliver the National Waste Policy and reforms to reduce the environmental impact of chemicals in Australia and to improve air quality. The department also manages the National Pollutant Inventory, which provides public information on the source, location and level of emissions released in Australia each year.

National Waste Policy and National Waste Report

At the EPHC meeting in November 2009, Australia's environment ministers agreed on a new National Waste Policy that sets the agenda for waste and resource recovery in Australia over the next 10 years. The National Waste Policy sets directions in six key areas: taking responsibility, improving the market, pursuing sustainability, reducing hazard and risk, tailoring solutions and providing the evidence. The policy identifies 16 priority strategies that would benefit from a national or coordinated approach. These include work to remove market impediments to the development of effective markets for waste and recovered resources, and improve certainty; reduce costs for governments and businesses and facilitate investment. The policy has a strong focus on product stewardship, to reduce the environmental, health and safety footprint of manufactured goods and materials during and at end of their life. Televisions and computers will be the first products to be covered by a product stewardship framework underpinned by Commonwealth legislation.

The National Waste Report 2010 provides Australia's first comprehensive national assessment of trends in waste and resource recovery and is a key component of the National Waste Policy, which was agreed by all environment ministers in November 2009. The report will help guide future action by state, territory and Commonwealth governments.

Chemicals reform agenda

The department, in conjunction with the states and territories, is implementing COAG's environmental chemicals reform agenda. This is being done through the EPHC, and relates to three recommendations in the Productivity Commission's 2008 report on Chemicals and Plastics Regulation. The reforms cover: investigation of whether there should be mandatory labelling of chemicals for their environmental impact, setting up a standards setting body to manage the risk to the environment from chemicals and development of a performance measurement framework for chemical monitoring.

Air Quality

Regulation by the Australian Government of fuel and vehicle emission standards has significantly improved air quality. The government is also working through the EPHC to reduce pollution from other nationally significant sources. Currently the department is leading initiatives focused on: wood heaters, which are a significant source of particle pollution (PM10); and petrol driven non-road engines, such as lawnmowers and outboard engines, which emit high levels of PM10, nitrogen dioxide and chemicals that lead to ozone formation. Particle and ozone levels continue to exceed national standards in some major cities, contributing to cardiovascular and respiratory illnesses.

Further information on these EPHC initiatives is available at www.ephc.gov.au 

Engagement on international agreements

The department leads Australia's involvement in several international agreements to minimise impacts from hazardous chemicals, hazardous wastes and ozone-depleting substances. Table 1 provides examples of some of these agreements.

Table 1: Examples of international agreements
Agreement Purpose
Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal Manage hazardous wastes
Rotterdam Convention on Prior Informed Consent Procedure Manage hazardous chemicals
Stockholm Convention on Persistent Organic Pollutants (POPs) Manage hazardous chemicals
Strategic Approach to International Chemicals Management (SAICM) Manage hazardous chemicals and wastes
Montreal Protocol on Substances that Deplete the Ozone layer Protect the ozone layer

Australia's ratification of international agreements is subject to the domestic treaty making process. The department is currently leading Australia's position on several decisions, including the listing of nine new chemicals in the Annexes of the Stockholm Convention on Persistent Organic Pollutants. This was agreed at the Fourth Conference of the Parties on 8 May 2009. Listing in the convention will ban or restrict the use of these chemicals, and require that stockpiles of them and wastes containing them are managed.

The department is also leading Australia's position in negotiations for a new legally binding instrument on mercury. This initiative seeks to increase global efforts to reduce the adverse impacts of mercury. The negotiations began in 2010 and will be finalised in early 2013.

National legislation and policy development

Hazardous waste - The export, import, transit and disposal of hazardous waste is administered by the department through the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The process within the Act for granting permits ensures that international movements of hazardous wastes are dealt with in an environmentally sound manner both within and outside Australia.

Protecting the ozone layer - Australia meets its Montreal Protocol phase-out obligations through the operation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989. The department's administration of this legislation delivers a national approach to the import, manufacture, use and destruction of ozone-depleting substances and synthetic greenhouse gases.

Used oil - Every year about 300 million litres of used petroleum-based oil are generated in Australia. This used oil can seriously damage the environment if disposed of incorrectly. The department manages the disposal and reuse of used oil through the Product Stewardship for Oil program, which is underpinned by the Product Stewardship (Oil) Act 2000.

Fuel quality - The department administers the operation of the Fuel Quality Standards Act 2000 to ensure that the fuel supplied to consumers meets quality standards, minimises emissions and maintains efficient engine operation. Fuel quality standards exist for petrol, automotive diesel, biodiesel (B100) and LPG (autogas). Work is continuing to develop fuel standards for biofuel blends, specifically diesel containing 20 per cent biodiesel (B20) and 85 per cent ethanol blended with petrol (E85).

Biotechnology and nanotechnology - The department assesses whether there are environmental risks posed by the products of these potentially hazardous technologies. The results are used to advise the Gene Technology Regulator under the Gene Technology Act 2000, which is administered by the Department of Health and Ageing.

Education for Sustainability - The department advances learning and education for sustainability so that all Australians are encouraged to live and work more sustainably. Work in 2009-10 included a Sustainability Curriculum Framework, developed to guide the inclusion of sustainability in school curriculums and coordination of the Australian Sustainable Schools Initiative (AuSSI). AuSSI provides practical support to schools and their communities through teaching materials, staff training and tools for planning and reporting on sustainability. More information on AuSSI is available at www.environment.gov.au/education/aussi

Evaluation

Ozone Protection

The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Bill 2010, was introduced into parliament in May 2010 to address compliance, enforcement and administration issues that have arisen in the operation of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 since its enactment. Amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 were also made to improve the handling of end-use gases in the refrigeration, air conditioning and fire protection industries and prevent the release of these gases to the atmosphere.

Results for deliverables and key performance indicators

Program 2.2: Management of Hazardous Wastes, Substances and Pollutants2

Program 2.2 Deliverables
The implementation and administration of national approaches
to reduce, monitor and assess the risk and impact of wastes,
hazardous substances, air pollutants, ozone-depleting
substances and synthetic greenhouse gases.
2009–10 Results
Deliverables 2009–10
Budget
Target
 
Development of a national waste policy and national waste report Yes EPHC agreed to the National Waste Policy on 5 November 2009. National Waste Overview and National Waste Report released on 7 May 2010.
Comprehensive assessment and compliance program in place under the Fuel Quality Standards Act (FQS Act) [number] of fuel samples taken and analysed] 3,000 4,426 fuel samples taken and analysed
Fuel quality standards maintained and emerging fuels assessed for possible regulation Statutory review of FQS Act completed The statutory review of the FQS Act has not occurred because consequential amendments need to be made to the regulations as a result of the previous Act review.
Environmentally sustainable management and reuse of used oil through the Product Stewardship for Oil (PSO) Program PSO Act administered effectively Yes
Emission levels of listed substances from industrial facilities required to report under the National Pollutant Inventory are monitored and reported [% of facilities identified and reported] 100 All emission levels monitored and reported from identified sources.
Maintain and report on national air quality standards, and develop effective emissions strategies Review of NEPM, State of Air Report published Review is well advanced and a decision by ministers to vary the Ambient Air Quality NEPM is expected in early 2011. State of the Air Report to be published in the second half of 2010.
The movement of hazardous waste to or from Australia is subject to statutory assessment and cases of illegal movements are investigated and prevented    
  • % of permit applications assessed or being assessed
100 All permit applications assessed or being assessed within statutory timeframes.
  • % of suspected illegal traffic cases investigated or under investigation in accordance with the published departmental compliance and enforcement policy
100 All suspected illegal traffic cases investigated or under investigation in accordance with departmental compliance and enforcement policy
Assessment of chemicals and genetically modified organisms (GMO) for potential environmental impact and preparation of risk management recommendations [% of environmental risks assessed or being assessed] 100 100
Application of effective import and export licensing and quota systems for ozone-depleting substances and synthetic greenhouse gases. Implementation of end-use controls to minimise emissions of ozone-depleting substances and synthetic greenhouse gases    
  • % of permits assessed within statutory timeframes
95 All permits assessed within statutory timeframes.
  • % of alleged breaches investigated or under investigation
100 All alleged breaches investigated or under investigation in accordance with departmental compliance and enforcement policy
Key Performance Indicator
Legislative and policy frameworks remain
current, with effective monitoring and
compliance and measurement of trends
over time.
2009–10
Budget
Target
2009–10 Results
National Waste Policy accepted Yes EPHC agreed to the National Waste Policy on 5 November 2009. National Waste Overview and National Waste Report released on 7 May 2010.
Transport fuels supplied in Australia that meet legislated quality standards when assessed [%]. 95 Monitoring has continued under the Fuel Quality Standards Act 2000, achieving a compliance rate of 97%.
Volume of used oil recovered for re-use under the PSO Act (3 year average) [megalitres].

Note: The KPI of >350 was an error in the 2009-10 Portfolio Budget statements and has been corrected here to >250.
>250 A total of 263 megalitres was recovered in 2009-10. The volume of oil recovered for re-use has increased in each of the last four years.
National Pollutant Inventory published annually by statutory date of 31 March. Yes 1 April 2010 (delay due to technical issues when going live with new database).
Ambient concentrations of key air pollutants comply with all national air quality standards. Yes Key ambient air pollutants complied with NEPM for both Ambient Air and Air Toxics except for particles and ozone, which at times exceeded national standards.
Compliance activities undertaken within statutory timeframes for movement of hazardous waste to or from Australia [%]. 95 100
Number of assessments of chemicals and genetically modified organisms (GMO) undertaken    
  • number of chemicals assessed under service level agreements
Approx 250 261
  • % of GMOs assessed within statutory timeframes.
95 100
Total use of ozone-depleting substances and emissions of synthetic greenhouse gases per annum.    
  • Montreal Protocol obligations met
Yes Yes. Imports of ozone-depleting substances in 2009 were 104 ODP tonnes compared with Australia's Montreal Protocol limit of 393.6 ODP tonnes. This continues the downward trend in imports of ozone-depleting substances as required by the Act.
  • Data provided for National Greenhouse Gas Inventory.
Yes Yes

Resources

Refer to Appendix 2: Resources for Outcomes - Expenses and Resources for Outcome 2.


1 Outcome statement amended to reflect loss of functions due to machinery of government changes on 8 March 2010.

2 Reference to Program 2.1 removed with loss of function due to machinery of government changes on 8 March 2010.